HomeMy WebLinkAboutBy-law 1808/84THE CORPORATION OF THE TOWN OF PICKERiNG
BY-LAW NUMBER 1808/84
Being a Zoning By-law to amend Restricted
Area By-law 2511, as amended to implement
the Official Plan of the Town of Pickering
District Planning Area, Region of Durham
in Part of Lots 21 and 22, Concession l,
in the Town of Pickering. (A 1/84)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of certain commercial GO-Transit related facilities in addition
to restricted light industrial uses;
AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule "I" hereto with notations and references
is hereby declared to be part of this By-law.
shown thereon
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
part of Lots 21 and 22, Concession 1, Pickering, designated
"M1-5" on Schedule "I" attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied, erected, moved or structurally altered except in
conformity with the provisions of this By-law.
DEFINITIONS
In this By-law:
(1)
"Business Office" shall mean a building or part of a building
in which the management or direction of a business, a public
or private agency, a brokerage or a labour or fraternal
organization is carried on and which may include a telegraph
office, a data processing establishment, a newspaper
publishing office, the premises of a real estate or
insurance agent, or a radio or television broadcasting
station and related studios or theatres; but shall not
include a retail store;
(2)
"Dry Cleaning Depot" shall mean a building or part of a
building used for the purpose of receiving aKticles, goods
or fabrics to be subjected to dry cleaning and related
processes elsewhere, and of distributing articles, goods
or fabrics which have been subjected to any such processes;
continued...
Page 2
(3)
(4)
(5)
(6)
(7)
"Dry Cleaning Establishment" shall mean a building or part
of a building used for dry cleaning and related processes
but does not include a laundromat;
"Financial Institution" shall mean a building or part of
a building in which money is deposited, kept, lent or
exchanged, and which includes a chartered bank or a branch
thereof;
(a)
"Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established grade,
but shall exclude the floor area of any parts of the
building used for mechanical equipment, stairwells,
elevators, and any part of the building below
established grade other than that used for retail
commercial or office purposes;
(b)
"Gross Leasable Floor Area" shall mean the aggregate
of the floor areas of all storeys above or below
established grade, designed for owner or tenant occupancy
or exclusive use only, but excluding storage areas below
established grade;
"Food Preparation Plant" shall mean a building or part of
a building in which processed food products are cooked,
baked, mixed, packaged or otherwise prepared for distribu-
tion to retail or institutional outlets;
a)
"Lot" shall mean an area of land fronting on a street
which is used or.intended to be used as the site of
a building, or a group of buildings, as the case may
be, together with any accessory buildings or structures,
or a public park or open space area, regardless of
whether or not such lot constitutes the whole of a
lot or block on a registered plan of subdivision;
b) "Lot Coverage" shall mean the percentage of a lot area
covered by all buildings on the lot;
c)
"Lot Frontage" shall mean the width of a lot between
the side lot lines measured along a line parallel to
and 7.5 metres distant from the front lot line;
(8) "Light Manufacturing Plant" shall mean a manufacturing plant
used for:
(9)
a) the production of apparel and finished textile products
other than the production of synthetic fibres;
b) printing or duplicating;
c) the manufacture of finished paper other than the processing
of wood pulp;
d) the production of cosmetics, drugs and other
pharmaceutical supplies; or
e) the manufacture of finished lumber products, light metal
products, electronic products, plasticware, porcelain,
earthenware, glassware or similar articles, including
but not necessarily restricted to, furniture, housewares,
toys, musical instruments, jewellery, watches, precision
instruments, radios and electronic components;
"Personal Service Shop" shall mean an establishment where
a personal service is performed and may include a barber
shop, a beauty salon, a shoe repair shop, a tailor or
dressmaking shop or a photographic studio, but shall not
include a bodyrub parlour as defined in The Municipal Act,
R.S.O. 1980, Chapter 302, as amended from time to time,
or any successor thereto;
continued...
Page 3
10)
ll)
12)
13)
"Professional Office" shall mean a building or part of a
building in which medical, legal or other professional
service is performed or consultation given, and which may
include a clinic, the offices of an architect, a chartered
accountant, an engineer, a lawyer or a physician, but
shal. 1 not include a body-rub parlour as defined in The
Municipal Act, R.S.O. 1980, Chapter 302, as amended from
time to time, or any successor thereto;
"Restaurant, Type A" shall mean a building or part of a
building where food is prepared and offered or kept for
retail sale to the public for immediate consumption on
the premises or off the premises, or both on and off the
premises;
"Retail Store" shall mean a building or part of a building
in which goods, wares, merchandise, foods, substances,
articles or things are stored, kept and offered for retail
sale to the public, but does not include any establishment
otherwise defined herein;
"Scientific, Research or Medical Laborators" shall mean a
building or part of a building wherein scientific, research
or medical experiments or investigations are systematically
conducted, and where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or
investigations may be manufactured or otherwise prepared
for use on the premises;
"Transportation Support Store" shall mean a retail store
in which food, drugs, periodicals or similar items of day-
to-day household necessity are kept for retail sale
primarily to patrons of a public passenger transportation
facility and persons employed in the industrial area;
15)
"Warehouse" shall mean a building or part of a building
which is used primarily for the housing, storage, adapting
for sale, packaging, or wholesale distribution of goods,
wares, merchandise, food-stuffs, substances, articles or
things, and includes the premises of a warehouseman but
shall not include a fuel storage tank except as an accessory
use;
a)
"Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a building or
structure and is open, uncovered and unoccupied above
ground except for such accessory buildings, structures
or other uses as are specifically permitted thereon;
b)
"Front Yard" shall mean a yard extending across the
full width of a lot between the front lot line of the
lot and the nearest wall of the nearest main building
or structure on the lot;
c)
"Front Yard Depth" shall mean the shortest horizontal
dimension of a front yard of a lot between the front
lot line and the nearest wall of the nearest main
building or structure on the lot;
d)
"Rear Yard" shall mean a yard extending across the full
width of a lot between the rear lot line of the lot or,
where there is no rear lot line, the junction point of
the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
continued...
Page 4
(e)
(f)
(g)
(h)
(i)
"Rear Yard Depth" shall mean the shortest horizontal
dimension of a rear yard of a lot between the rear
lot line or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the
lot;
"Side Yard" shall mean a yard of a lot extending from
the front yard to the rear yard and from the side lot
line to the nearest wall of the nearest main building
or structure on the lot;
"Side Yard Width" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest wall of the nearest main building
or structure on the lot;
"Flankage Side Yard" shall mean a side yard
adjoining a street or abutting on a reserve
opposite side of which is a street;
immediately
on the
"Interior Side Yard" shall mean a side yard other than
a ~lankage side yard.
PROVISIONS
(1) Uses Permitted ("MI-5" Zone)
No person shall within the land designated "M1-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(a) business office
(b) dry cleaning establishment
(c) financial institution
(d) food preparation plant
(e) light manufacturing plant
(f) professional office
(g) scientific, research or medical
(h) warehouse
laboratory
(2) Additional Uses Permitted ("M1-5" Zone)
Where the lands immediately adjacent to the westerly
boundary of the lands designated "M1-5" on Schedule "I"
hereto, are being used as a public passenger transportation
facility, the purposes excepted from the prohibition set
out in Section 5(1) above shall be deemed to include the
following:
(a) dry cleaning depot, subject to the provisions of
Section 5'(3)(j) C and D;
(b) personal service shop, subject to the provisions of
Section 5(3)(j) A, C and D
(c) restaurant, type A, subject to the provisions of
Section 5(3)(j) B, C and D;
(d) transportation support store, subject to the provisions
of Section 5(3)(j) A, C and D.
continued...
Page 5
(3) Zone Requirements ("M1-5" Zone)
No person shall within the lands designated "M1-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure except in accordance with the
following provisions:
a) LOT AREA (minimum):
0.4 hectares
b) LOT FRONTAGE (minimum): 30 metres
c) FRONT YARD DEPTH (minimum): 30 metres
d) SIDE YARD WIDTH (minimum): 4.5 metres
e) REAR YARD DEPTH (minimum): 7.5 metres
f) LOT COVERAGE (maximum): 50 percent
g) BUILDING HEIGHT (maximum):
12 metres
h) OPEN STORAGE: no open storage shall
be permitted in any yard
(i) PARKING REQUIREMENTS
(minimum):
1.O parking space per
56 square metres or part
thereof of gross leasable
floor area
(j) SPECIAL RESTRICTIONS:
A
The gross leasable floor area of a transportation
support store or a personal service shop shall not
exceed 400 square metres
B The a§greg~te of.the gross leasable floor areas of a
restaurant, type A shall not exceed 500 square metres
C
The gross leasable floor area of all transportation
support stores, dry cleaning depots, personal
service shops and restaurants, type A shall not
exceed 1550 square metres
D
A dry cleaning depot, personal service shop,
restaurant, type A and a transportation support store
shall be permitted only on the lands hatched on
Schedule "I" attached hereto.
6. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this
By-law is guilty of an offence and on conviction is liable,
(a) on a first conviction to a fine of not more than
$20,000; and
(b)
on a subsequent conviction to a fine of not more than
$10,000 for each day or part thereof upon which the
contravention has continued after the day on which he
was first convicted.
continued...
Page 6
(2) Where a corporation is convicted under subsection (1),
maximum penalty that may be imposed is,
(3)
(a) on the first conviction a fine of not more than
$50,000; and
(b)
on a subsequent conviction a fine of not more than
$25,000 for each day or part thereof upon which the
contravention has continued after the day on which
the corporation was first convicted,
and not as provided in subsection (1),
Where a conviction is entered under section (1), in
addition to any other remedy or any penalty by law, the
court in which the conviction has been entered, and any
court of competent jurisdiction thereafter, may make an
order prohibiting the continuation or repetition of the
offence by the person convicted.
the
7. BY-LAW 2511
(1)
By-law 2511, as amended, is hereby further amended only
to the extent necessary to give effect to the provisions
of this By-law as it applies to the area set out in
Schedule "I" attached hereto.
(2) EFFECTIVE DATE
This By-law shall take effect from the day of passing
thereof subject to the approval of the Ontario Municipal
Board, if required.
REAR A FIRST AND SECOND TIME THIS 2nd DAY OF ABr±i , 1984.
READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984.
MAYOR
OWN QF
r~[C F, ERiNG
APPROVED
t.¢'~ AL OE2T~
BAYLY STREET
SCHEDULE 'I' TO BY-LAW 1808/84
PASSED THIS 30th
DAY OF .~.]_v 1984
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1808/84
Being a Zoning By-law to amend Restricted
Area By-law 2511, as amended to implement
the Official Plan of the Town of Pickering
District Planning Area, Region of Durham
in Part of Lots 21 and 22, Concession l,
in the Town of Pickering. (A 1/84)
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of certain commercial GO-Transit related facilities in addition
to restricted light industrial uses;
AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule "I" hereto with notations and references
is hereby declared to be part of this By-law.
shown thereon
o
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
part of Lots 21 and 22, Concession l, Pickering, designated
"M1-5" on Schedule "I" attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied, erected, moved or structurally altered except in
conformity with the provisions of this By-law.
DEFINITIONS
In this By-law:
(1)
"Business Office" shall mean a building or part of a building
in which the management or direction of a business, a public
or private agency, a brokerage or a labour or fraternal
organization is carried on and which may include a telegraph
office, a data processing establishment, a newspaper
publishing office, the premises of a real estate or
insurance agent, or a radio or television broadcasting
station and related studios or theatres; but shall not
include a retail store;
(2)
"Dry Cleanin9 Depot" shall mean a building or part of a
building used for the purpose of receiving aKticles, goods
or fabrics to be subjected to dry cleaning and related
processes elsewhere, and of distributing articles, goods
or fabrics which have been subjected to any such processes~
continued...
Page 2
(3)
(4)
(5)
(6)
"Dry Cleaning Establishment" shall mean a building or part
o~ a building used for dry cleaning and related processes
but does not include a laundromat;
"Financial Institution" shall mean a building or part of
a building in which money is deposited, kept, lent or
exchanged, and which includes a chartered bank or a branch
thereof;
(a)
(b)
"Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established grade,
but shall exclude the floor area of any parts of the
building used for mechanical equipment, stairwells,
elevators, and any part of the building below
established grade other than that used for retail
commercial or office purposes;
"Gross Leasable Floor Area" shall mean the aggregate
of the floor areas of all storeys above or below
established grade, designed for owner or tenant occupancy
or exclusive use only, but excluding storage areas below
established grade;
"Food Preparation Plant" shall mean a building or part of
a building in which processed food products are cooked,
baked, mixed, packaged or otherwise prepared for distribu-
tion to retail or institutional outlets;
(7) (a)
"Lot" shall mean an area of land fronting on a street
which is used or.intended to be used as the site of
a building, or a group of buildings, as the case may
be, together with any accessory buildings or structures,
or a public park or open space area, regardless of
whether or not such lot constitutes the whole of a
lot or block on a registered plan of subdivision;
(b) "Lot Coverage" shall mean the percentage of a lot area
covered by all buildings on the lot;
(c) "Lot Frontage" shall mean the width of a lot between
the side lot lines measured along a line parallel to
and 7.5 metres distant from the front lot line;
(8) "Light Manufacturing Plant" shall mean a manufacturing plant
used for:
(9)
(a) the production of apparel and finished textile products
other than the production of synthetic fibres;
(b} printing or duplicating;
(c) the manufacture of finished paper other than the processing
of wood pulp;
(d) the production of cosmetics, drugs and other
pharmaceutical supplies; or
(e} the manufacture of finished lumber products, light metal
products, electronic products, plasticware, porcelain,
earthenware, glassware or similar articles, including
but not necessarily restricted to, furniture, housewares,
toys, musical instruments, jewellery, watches, precision
instruments, radios and electronic components;
"Personal Service Shop" shall mean an establishment where
a personal service is performed and may include a barber
shop, a beauty salon, a shoe repair shop, a tailor or
dressmaking shop or a photographic studio, but shall not
include a bodyrub parlour as defined in The Municipal Act,
R.S.O. 1980, Chapter 302, as amended from time to time,
or any successor thereto;
continued...
Page 3
(lo)
(11)
(12)
(13)
"Professional Office" shall mean a building or part of a
building in which medical, legal or other professional
service is performed or consultation given, and which may
include a clinic, the offices of an architect, a chartered
accountant, an engineer, a lawyer or a physician, but
shall not include a body-rub parlour as defined in The
Municipal Act, R.S.O. 1980, Chapter 302, as amended from
time to time, or any successor thereto;
"Restaurant, Type A" shall mean a building or part of a
building where food is prepared and offered or kept for
retail sale to the public for immediate consumption on
the premises or off the premises, or both on and off the
premises;
"Retail Store" shall mean a building or part of a building
in which goods, wares, merchandise, foods, substances,
articles or things are stored, kept and offered for retail
sale to the public, but does not include any establishment
otherwise defined herein;
"Scientific, Research or Medical Laboratory" shall mean a
building or part of a building wherein scientific, research
or medical experiments or investigations are systematically
conducted, and where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or
investigations may be manufactured or otherwise prepared
for use on the premises;
(14)
"Transportation Support Store" shall mean a retail store
in which food, drugs, periodicals or similar items of day-
to-day household necessity are kept for retail sale
primarily to patrons of a public passenger transportation
facility and persons employed in the industrial area;
(15)
(16)
"Warehouse" shall mean a building or part of a building
which is used primarily for the housing, storage, adapting
for sale, packaging, or wholesale distribution of goods,
wares, merchandise, food-stuffs, substances, articles or
things, and includes the premises of a warehouseman but
shall not include a fuel storage tank except as an accessory
use;
(a)
"Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a building or
structure and is open, uncovered and unoccupied above
ground except for such accessory buildings, structures
or other uses as are specifically permitted thereon;
(b)
"Front Yard" shall mean a yard extending across the
full width of a lot between the front lot line of the
lot and the nearest wall of the nearest main building
or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal
dimension of a front yard of a lot between the front
lot line and the nearest wall of the nearest main
building or structure on the lot;
(d)
"Rear Yard" shall mean a yard extending across the full
width of a lot between the rear lot line of the lot or,
where there is no rear lot line, the junction point of
the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
continued...
Page 4
(e)
(f)
(g)
(h)
(i)
"Rear Yard Depth" shall mean the shortest horizontal
dimension of a rear yard of a lot between the rear
lot line or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the
lot;
"Side Yard" shall mean a yard of a lot extending from
the front yard to the rear yard and from the side lot
line to the nearest wall of the nearest main building
or structure on the lot;
"Side Yard Width" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest wall of the nearest main building
or structure on the lot;
"Flankage Side Yard" shall mean a side yard immediately
adjoining a street or abutting on a reserve on the
opposite side of which is a street;
"Interior Side Yard" shall mean a side yard other than
a flankage side yard.
5. PROVISIONS
(1) Uses Permitted ("M1-5" Zone)
No person shall within the land designated "M1-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(a) business office
(b) dry cleaning establishment
(c) financial institution
(d) food preparation plant
(e) light manufacturing plant
(f) professional office
(g) scientific, research or medical
(h) warehouse
laboratory
(2) Additional Uses Permitted ("MI-5" Zone)
Where the lands immediately adjacent to the westerly
boundary of the lands designated "M1-5" on Schedule "I"
hereto, are being used as a public passenger transportation
facility, the purposes excepted from the prohibition set
out in Section 5(1) above shall be deemed to include the
following:
(a) dry cleaning depot, subject to the provisions of
Section 5'(3)(j) C and D;
(b) personal service shop, subject to the provisions
Section 5(3)(j) A, C and D
of
{c) restaurant, type A, subject to the provisions of
Section 5(3)(j} B, C and D;
(d) transportation support store, subject to the provisions
of Section 5(3)(j) A, C and D.
continued...
Page 5
(3) Zone Requirements ("MI-$" Zone)
No person shall within the lands designated "M1-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure except in accordance with the
following provisions:
(a) LOT AREA (minimum):
0.4 hectares
(b) LOT FRONTAGE (minimum): 30 metres
(c) FRONT YARD DEPTH (minimum): 30 metres
(d) SIDE YARD WIDTH (minimum):
4.5 metres
(e) REAR YARD DEPTH (minimum):
7.S metres
(f) LOT COVERAGE (maximum): 50 percent
(g) BUILDING HEIGHT {maximum): 12 metres
(h) OPEN STORAGE: no open storage shall
be permitted in any yard
(i) PARKING REQUIREMENTS (minimum):
1.O parking space per
56 square metres or part
thereof of gross leasable
floor area
(j) SPECIAL RESTRICTIONS:
A
The gross leasable floor area of a transportation
support store or a personal service shop shall not
exceed 400 square metres
The aggregate of.the gross leasable floor areas of a
restaurant, type A shall not exceed 500 square metres
C
The gross leasable floor area of all transportation
support stores, dry cleaning depots, personal
service shops and restaurants, type A shall not
exceed 1550 square metres
D
A dry cleaning depot, personal service shop,
restaurant, type A and a transportation support
shall be permitted only on'the lands hatched on
Schedule "I" attached hereto.
store
6. ENFORCEMENT
(1)
Any person who contravenes any of the provisions of this
By-law is guilty of an offence and on conviction is liable,
(a) on a first conviction to a fine of not more than
$20,000; and
(b)
on a subsequent conviction to a fine of not more than
$10,000 for each day or part thereof upon which the
contravention has continued after the day on which he
was first convicted.
continued...
Page 6
(2)
(3)
Where a corporation is convicted under subsection (1),
maximum penalty that may be imposed is,
(a) on the first conviction a fine of not more than
$50,000; and
(b)
on a subsequent conviction a fine of not more than
$25,000 for each day or part thereof upon which the
contravention has continued after the day on which
the corporation was first convicted,
and not as provided in subsection {1).
Where a conviction is entered under section (1), in
addition to any other remedy or any penalty by law, the
court in which the conviction has been entered, and any
court of competent jurisdiction thereafter, may make an
order prohibiting the continuation or repetition of the
offence by the person convicted.
the
7. BY-LAW 2511
(1)
By-law 2511, as amended, is hereby further amended only
to the extent necessary to give effect to the provisions
of this By-law as it applies to the area set out in
Schedule "I" attached hereto.
(2) EFFECTIVE DATE
This By-law shall take
thereof subject to the
Board, if required.
effect from the day of passing
approval of the Ontario Municipal
REAR A FIRST AND SECOND TIME THIS 2~8 DAY OF Apri! , 1984.
READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984.
MAYOR
TOWN OF
PICKERI;'UG
APPROVED
BAY~ STREET
SCHEDULE 'I' TO BY-LAW 1808/84
PASSED THIS 30th
DAY OF ~"~11 I_V 1984
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1808/84
Being a Zoning By-law to amend Restricted
Area By-law 2511, as amended to implement
the Official Plan of the Town of Picketing
District Planning Area, Region of Durham
in Part of Lots 21 and 22, Concession l,
in the Town of Picketing. {A 1/84}
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of certain commercial GO-Transit related facilities in addition
to restricted light industrial uses;
AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULE "I"
Schedule "I" hereto with notations and references shown
is hereby declared to be part of this By-law.
thereon
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
part of Lots 21 and 22, Concession l, Picketing, designated
"M1-5" on Schedule "I" attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied, erected, moved or structurally altered except in
conformity with the provisions of this By-law.
DEFINITIONS
In this By-law:
(1)
"Business Office" shall mean a building or part of a building
in which the management or direction of a business, a public
or private agency, a brokerage or a labour or fraternal
organization is carried on and which may include a telegraph
office, a data processing establishment, a newspaper
publishing office, the premises of a real estate or
insurance agent, or a radio or television broadcasting
station and related studios or theatres; but shall not
include a retail store;
(2)
"Dry Cleaning Depot" shall mean a building or part of a
building used for the purpose of receiving aKticles, goods
or fabrics to be subjected to dry cleaning and related
processes elsewhere, and of distributing articles, goods
or fabrics which have been subjected to any such processes;
continued...
Page 2
(3)
(4)
(6)
"Dry Cleaning Establishment" shall mean a building or part
of a building used for dry cleaning and related processes
but does not include a laundromat;
"Financial Institution" shall mean a building or part of
a building in which money is deposited, kept, lent or
exchanged, and which includes a chartered bank or a branch
thereof;
(a)
(b)
"Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established grade,
but shall exclude the floor area of any parts of the
building used for mechanical equipment, stairwells,
elevators, and any part of the building below
established grade other than that used for retail
commercial or office purposes;
"Gross Leasable Floor Area" shall mean the aggregate
of the floor areas of all storeys above or below
established grade, designed for owner or tenant occupancy
or exclusive use only, but excluding storage areas below
established grade;
"Food Preparation Plant" shall mean a building or part of
a building in which processed food products are cooked,
baked, mixed, packaged or otherwise prepared for distribu-
tion to retail or institutional outlets;
(7) (a)
"Lot" shall mean an area of land fronting on a street
which is used or.intended to be used as the site of
a building, or a group of buildings, as the case may
be, together with any accessory buildings or structures,
or a public park or open space area, regardless of
whether or not such lot constitutes the whole of a
lot or block on a registered plan of subdivision;
{b) "Lot Coverage" shall mean the percentage of a lot area
covered by all buildings on the lot;
(c)
"Lot Frontage" shall mean the width of a lot between
the side lot lines measured along a line parallel to
and 7.5 metres distant from the front lot line;
(8) "Light Manufacturin9 Plant" shall mean a manufacturing plant
used for:
(9)
a) the production of apparel and finished textile products
other than the production of synthetic fibres;
b} printing or duplicating;
c) the manufacture of finished paper other than the processing
of wood pulp;
d) the production of cosmetics, drugs and other
pharmaceutical supplies; or
e) the manufacture of finished lumber products, light metal
products, electronic products, plasticware, porcelain,
earthenware, glassware or similar articles, including
but not necessarily restricted to, furniture, housewares,
toys, musical instruments, jewellery, watches, precision
instruments, radios and electronic components;
"Personal Service Shop" shall mean an establishment where
a personal service is performed and may include a barber
shop, a beauty salon, a shoe repair shop, a tailor or
dressmaking shop or a photographic studio, but shall not
include a bodyrub parlour as defined in The Municipal Act,
R.S.O. 1980, Chapter 302, as amended from time to time,
or any successor thereto;
continued...
Page 3
(lO)
(ll)
12)
13)
"Professional Office" shall mean a building or part of a
building in which medical, legal or other professional
service is performed or consultation given, and which may
include a clinic, the offices of an architect, a chartered
accountant, an engineer, a lawyer or a physician, but
shal. 1 not include a body-rub parlour as defined in The
Municipal Act, R.S.O. 1980, Chapter 302, as amended from
time to time, or any successor thereto;
"Restaurant, Type A" shall mean a building or part of a
building where food is prepared and offered or kept for
retail sale to the public for immediate consumption on
the premises or off the premises, or both on and off the
premises;
"Retail Store" shall mean a building or part of a building
in which goods, wares, merchandise, foods, substances,
articles or things are stored, kept and offered for retail
sale to the public, but does not include any establishment
otherwise defined herein;
"Scientific, Research or Medical Laboratory" shall mean a
building or part of a building wherein scientific, research
or medical experiments or investigations are systematically
conducted, and where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or
investigations may be manufactured or otherwise prepared
for use on the premises;
14)
"Transportation Support Store" shall mean a retail store
in which food, drugs, periodicals or similar items of day-
to-day household necessity are kept for retail sale
primarily to patrons of a public passenger transportation
facility and persons employed in the industrial area;
(15)
(16)
"Warehouse" shall mean a building or part of a building
~hich is used primarily for the housing, storage, adapting
for sale, packaging, or wholesale distribution of goods,
wares, merchandise, food-stuffs, substances, articles or
things, and includes the premises of a warehouseman but
shall not include a fuel storage tank except as an accessory
use;
(a)
"Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a building or
structure and is open, uncovered and unoccupied above
ground except for such accessory buildings, structures
or other uses as are specifically permitted thereon;
(b)
"Front Yard" shall mean a yard extending across the
full width of a lot between the front lot line of the
lot and the nearest wall of the nearest main building
or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal
~imension of a front yard of a lot between the front
lot line and the nearest wall of the nearest main
building or structure on the lot;
(d)
"Rear Yard" shall mean a yard extending across the full
width of a lot between the rear lot line of the lot or,
where there is no rear lot line, the junction point of
the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
continued...
Page 4
(e)
(f)
(g)
(h)
"Rear Yard Depth" shall mean the shortest horizontal
dimension of a rear yard of a lot between the rear
lot line or, where there is no rear lot line, the
junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the
lot;
"Side Yard" shall mean a yard of a lot extending from
the front yard to the rear yard and from the side lot
line to the nearest wall of the nearest main building
or structure on the lot;
"Side Yard Width" shall mean the shortest horizontal
dimension of a side yard of a lot between the side lot
line and the nearest wall of the nearest main building
or structure on the lot;
"Flankage Side Yard" shall mean a side yard immediately
adjoining a street or abutting on a reserve on the
opposite side of which is a street;
(i) "Interior Side Yard" shall mean a side yard other than
a flankage side yard.
5. PROVISIONS
(1) Uses Permitted ("MI-5" Zone)
No person shall within the land designated "M1-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure for any purpose except the
following:
(a) business office
(b) dry cleaning establishment
{c} financial institution
(d) food preparation plant
{e} light manufacturing plant
(f} professional office
{g) scientific, research or medical
(h) warehouse
laboratory
(2) Additional Uses Permitted {"M1-5" Zone}
Where the lands immediately adjacent to the westerly
boundary of the lands designated "M1-5" on Schedule "I"
hereto, are being used as a public passenger transportation
facility, the purposes excepted from the prohibition set
out in Section 5{1) above shall be deemed to include the
following:
(a) dry cleaning depot, subject to the provisions of
Section 5'(3}{j) C and D;
(b) personal service shop, subject to the provisions of
Section 5(3)(j) A, C and D
(c) restaurant, type A, subject to the provisions of
Section 5(3)(j) B, C and D;
(d) transportation support store, subject to the provisions
of Section 5(3)(j) A, C and D.
continued...
Page 5
(3) Zone Requirements ("M1-5" Zone)
No person shall within the lands designated "M1-5" on
Schedule "I" hereto, use any lot or erect, alter or use
any building or structure except in accordance with the
following provisions:
(a) LOT AREA (minimum): 0.4 hectares
(b} LOT FRONTAGE (minimum):
30 metres
(c) FRONT YARD DEPTH (minimum}:
30 metres
(d) SIDE YARD WIDTH (minimum):
4.5 metres
(e) REAR YARD DEPTH (minimum): 7.5 metres
(f) LOT COVERAGE (maximum):
50 percent
(g) BUILDING HEIGHT (maximum):
12 metres
(h) OPEN STORAGE:
no open storage shall
be permitted in any yard
(i) PARKING
REQUIREMENTS
(minimum):
1.O parking space per
56 square metres or part
thereof of gross leasable
floor area
(j) SPECIAL RESTRICTIONS:
A
The gross leasable floor area of a transportation
support store or a personal service shop shall not
exceed 400 square metres
B The aggregate of.the gross leasable floor areas of a
restaurant, type A shall not ekceed 500 square metres
The gross leasable floor area of all transportation
support stores, dry cleaning depots, personal
service shops and restaurants, type A shall not
exceed 1550 square metres
D
A dry cleaning depot, personal service shop,
restaurant, type A and a transportation support store
shall be permitted only on the lands hatched on
Schedule "I" attached hereto.
6. ENFORCEMENT
(1)
Any person who contravenes any of the provisions of this
By-law is guilty of an offence and on conviction is liable,
(a) on a first conviction to a fine of not more than
$20,000; and
(b)
on a subsequent conviction to a fine of not more than
$10,000 for each day or part thereof upon which the
contravention has continued after the day on which he
was first convicted.
continued...
Page 6
(3)
Where a corporation is convicted under subsection (1),
maximum penalty that may be imposed is,
(a) on the first conviction a fine of not more than
$50,000; and
(b) on a subsequent conviction a fine of not more than
$25,000 for each day or part thereof upon which the
contravention has continued after the day on which
the corporation was first convicted,
and not as provided in subsection {1).
Where a conviction is entered under section (1), in
addition to any other remedy or any penalty by law, the
court in which the conviction has been entered, and any
court of competent jurisdiction thereafter, may make an
order prohibiting the continuation or repetition of the
offence by the person convicted.
the
7. BY-LAW 2511
(1)
By-law 2511, as amended, is hereby further amended only
to the extent necessary to give effect to the provisions
of this By-law as it applies to the area set out in
Schedule "I" attached hereto.
(2) EFFECTIVE DATE
This By-law shall take effect from the day of passing
thereof subject to the approval of the Ontario Municipal
Board, if required.
REAR A FIRST AND SECOND TIME THIS 2nd DAY OF April , 1984.
READ A THIRD TIME AND PASSED THIS 30th DAY OF July , 1984.
CLUE RK
TOW'F,~ OF
PICKERiNG
APPROVED
BAYLY
STREET
SCHEDULE 'I' TO BY-LAW
PASSED THIS , 30th
DAY OF .~11 '~ _~ 1984
CLERK .F~//
1808/84
Rr--cErvED
THIS AGREEMENT made this 21st day of January, 1985.
FEB 5 1985
BETWEEN : TOWN OF PICKJRING
PLANNING DEPARTMENT
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
BRAUKMANN BUILDING CORPORATION
a corporation incorporated under,
the laws of the Province of Ontario
hereinafter referred to as the "Owner"
OF THE SECOND PART.
•
WHEREAS the Owner herein is the registered owner, in fee simple, of the lands
- affected hereby; and
WHEREAS pursuant to the provisions of By-law 1079/80, enacted pursuant to the
predecessor of section 40 of the Planning Act, R.S.O. 1980, chapter 379, the Town
and the Owner entered into a Site Plan Agreement dated May 30th, 1983, which
Agreement was registered in the Land Registry Office of the Registry Division of
Durham (No. 40) on July 28th, 1983 as Instrument Number D160824; and
WHEREAS as a condition of the approval of Zoning By-law Amendment Application
A 1/84, the Town requires the Owner to enter into an Agreement with it respecting
the provision of direct pedestrian access routes linking the lands affected hereby with
the Pickering Go Train Station;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the sum of
Two Dollars, now paid by each Party to the other, receipt of which from each is
hereby acknowledged, and the terms and conditions herein, the Parties hereto agree
as follows:
1. The lands and premises affected by this Agreement (hereinafter referred to as
the "lands") are those lands more particularly described in Schedule A hereto.
2. The Owner is bound by all the terms and provisions of the Site Plan Agreement
dated May 30th, 1983 between the Town and the Owner, which Agreement was
registered in the Land Registry Office of the Registry Division of Durham (No.
40) on July 28th, 1983, as Instrument Number D160824.
3. In the event that the owner of the property immediately to the west of the
lands, presently known as the "Pickering Go Train Station", redevelops, at any
time, that property as a commuter railway station, the Owner shall use its best
efforts to obtain a minimum of two and a maximum of three direct pedestrian
access routes linking that property with the lands.
e y
,
•
r
4. In the event that the owner of the property to the west of the lands ceases to
use that property as a commuter railway station, the Owner shall not object to
the passage by the Town of a Zoning By-law pursuant to the Planning Act,
1983, or any successor thereto, the effect of which would be to prohibit the
use of the lands for any purpose constituting a commercial Go Transit related
facility.
5. This Agreement and everything herein contained shall enure to the benefit of
and be binding upon the Parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate
seals, attested to by the hands of their proper authorized officers. .
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN,,OF PICKERING
ayor J in
Cler"
• BRAUKMANN BUILDING CORPORATION
•
•
- 2
•
•
SCHEDULE A
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying
and being in the Town of Pickering, in the. Regional Municipality of Durham and
Province of Ontario and being composed of parts of Lots 21 and 22, Concession 1, in
the said Town of Pickering, designated as Parts 1 and 2 on a plan deposited in the
Land Registry Office for the Registry Division of Durham (No. 40) as Plan 40R-6033;
AS DESCRIBED in Instrument No. D177751;
SUBJECT to an easement over Part 2 on the said plan upon the terms of an Instru-
ment registered in the said Land Registry Office as No. D14562.
•
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